(a) The Arkansas Higher Education Coordinating Board is authorized to:

1. (1) Establish the criteria for certification of college-level courses and degree programs offered by nonpublic, not-for-profit, for-profit, and out-of-state institutions of higher education; and
2. (2) Provide oversight on matters related to the operation of the postsecondary educational institutions in Arkansas.

(c)

1. (1) Arkansas public colleges and universities are exempt from Arkansas Higher Education Coordinating Board institutional/program certification under this part.
2. (2) Arkansas private/independent colleges/universities may offer courses and degrees at the program level currently authorized by the State of Arkansas or the Arkansas Higher Education Coordinating Board and currently recognized by the agencies that accredit these institutions without further review by the Arkansas Higher Education Coordinating Board under this part.
3. (3) The Arkansas Higher Education Coordinating Board acknowledgment of state and institutional participation in the Southern Regional Education Board-State Authorization Reciprocity Agreement (SARA) is noted in 6 CAR § 367-106.

(d)

1. (1) An institution without Arkansas Higher Education Coordinating Board certification offering a college-level course or degree program to students in Arkansas must cease and desist from operating in Arkansas until certified by the Arkansas Higher Education Coordinating Board.
2. (2) Any institution that fails to obtain required Arkansas Higher Education Coordinating Board certification will be reported to the Consumer Protection Division of the office of the Attorney General.
3. (3) An individual or institution that operates in Arkansas without Arkansas Higher Educational Coordinating Board certification as required under Arkansas Code § 6-61-301 shall be guilty of a Class B misdemeanor.

(e)

1. (1) To assist the Arkansas Higher Education Coordinating Board with its certification responsibilities, Arkansas Code § 6-61-302 directs Arkansas Higher Education Coordinating Board to appoint an advisory committee known as the Institutional Certification Advisory Committee.

2. (2) Committee members include:

   1. (A) Six (6) chief administrators or designee of two-year and four-year postsecondary institutions in Arkansas;
   2. (B) A representative of the Division of Career and Technical Education; and
   3. (C) Two (2) residents of the State of Arkansas who are not officially affiliated with any postsecondary institution.
3. (3) Committee members serve for a specified time period.